A Study On Judicial Remedy System Of Corporate Deadlock

The company deadlock undermined the company's normal operation mechanism so that the company can not make effective decisions and healthy development, harm the interests of the relevant body that comprises the company: shareholders, creditors and the State etc. It become one of the main target of each country's company raw that prevent the occurrence of corporate deadlock and how to effectively resolve it after the deadlock formed. Companies need to focus on the articles of association function or prior agreement rules to prevent the company from corporate deadlock. There are two main aspects of the relief measures after the company in the event of deadlock: a non-judicial remedies, the company mainly to solve the impasse through conciliation, mediation, arbitration and other means; the second is judicial remedies, the main mechanism for the courts to resolve through litigation firm impasse. Judicial relief mechanism can be divided into companies deadlock judicial dissolution and dissolution of the Company non-judicial deadlock. Company deadlock judicial dissolution of the complaint is the way by eliminating corporate personality to solve company deadlock problem fundamentally, which is not conducive to the interests of all parties to maintain higher relief costs. Company deadlock non-judicial dissolution complaint refers to the dissolution of relief by way of non-settlement companies outside the company deadlock problems, such as by increasing the interim director of the Board of directors to resolve the impasse, the compulsory purchase of shares through the company's complaint deadlock shareholders to resolve the impasse, and so on. China's current corporate law simply provides the company deadlock judicial dissolution of the complaint, no alternative relief system,and the judicial dissolution of the company itself, there are abstract terms, provisions blurred, imperfect procedural deficiencies place.In this paper, there are four aspects study of the company deadlock judicial relief system. The first part is the study of the theory of corporate deadlock, the connotation, extension, the reason and harmful consequences. The second part examines the institutional regulations in other countries or regions the company deadlock provisions. Explains Germany, Japan, the United States, Britain and other countries regulate the characteristics of the system of corporate deadlock. The third part analyzes China's current regulatory law and corporate deadlock imperfections. The lack of alternative remedies and corporate deadlock judicial dissolution of the complaint itself are the main problems of inadequate regulation of corporate deadlock. The fourth part draw legislative experience of other countries and regions, by improving the legal regulation of corporate deadlock key recommendations, including the addition of the deadlock judicial dissolution of the Company alternative measures and refine the existing legal provisions.